PETITIONS FOR RULEMAKING
Vol. 34 Iss. 22 - June 25, 2018

TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING

BOARD OF PSYCHOLOGY

Initial Agency Notice

Title of Regulation: 18VAC125-20. Regulations Governing the Practice of Psychology.

Statutory Authority: § 54.1-3605 of the Code of Virginia.

Name of Petitioner: Lee Cooper.

Nature of Petitioner's Request: Proposing that PCSAS be recognized as an additional accrediting body of doctoral programs in psychology in regulation 18VAC125-20-54.

Agency Plan for Disposition of Request: In accordance with Virginia law, the petition has been filed with the Registrar of Regulations for publication on June 25, 2018, with a request for comment to be received until July 24, 2018. The petition will also be posted for comment on the Virginia Regulatory Town Hall at http://www.townhall.virginia.gov. At the next meeting after the comment period, which is scheduled for October 30, 2018, the board will consider the petition and any comment received to decide whether or not to initiate the rulemaking process.

Public Comment Deadline: July 24, 2018.

Agency Contact: Jaime Hoyle, Executive Director, Board of Psychology, 9960 Mayland Drive, Suite 300, Richmond, VA 23233, telephone (804) 367-4406, or email jaime.hoyle@dhp.virginia.gov.

VA.R. Doc. No. R18-35; Filed May 23, 2018, 4:43 p.m.

BOARD OF VETERINARY MEDICINE

Initial Agency Notice

Title of Regulation: 18VAC150-20. Regulations Governing the Practice of Veterinary Medicine.

Statutory Authority: § 54.1-2400 of the Code of Virginia.

Name of Petitioner: Kelly Gottschalk, DVM.

Nature of Petitioner's Request: To amend 18VAC150-20-170 to allow practice management courses to be approved for continuing education credit.

Agency Plan for Disposition of Request: The petition will be published on June 25, 2018, in the Virginia Register of Regulations and also posted on the Virginia Regulatory Town Hall at www.townhall.virginia.gov to receive public comment ending July 20, 2018. Following receipt of all comments on the petition to amend regulations, the board will decide whether to make any changes to the regulatory language. This matter will be on the board's agenda for its first meeting after the comment period, which is scheduled for July 23, 2018.

Public Comment Deadline: July 20, 2018.

Agency Contact: Leslie L. Knachel, Executive Director, Board of Veterinary Medicine, 9960 Mayland Drive, Suite 300, Richmond, VA 23233, telephone (804) 367-4468, or email leslie.knachel@dhp.virginia.gov.

VA.R. Doc. No. R18-36; Filed June 1, 2018, 10:31 a.m.

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TITLE 24. TRANSPORTATION AND MOTOR VEHICLES

COMMISSION ON THE VIRGINIA ALCOHOL SAFETY ACTION PROGRAM

Agency Decision

Title of Regulation: 24VAC35-31. VASAP Case Management Policy and Procedures Manual.

Statutory Authority: § 18.2-270.1 of the Code of Virginia.

Name of Petitioner: David Hites.

Nature of Petitioner's Request: On January 12, 2018, citing § 2.2-4007 of the Code of Virginia, David Hites requested changes to § 18.2-270.1 of the Code of Virginia and the VASAP Case Management Operational Guidelines.

Agency Decision: Request denied.

Statement of Reason for Decision: At its meeting on March 29, 2018, the Commission on VASAP reviewed Mr. Hites' proposed changes to § 18.2-270.1 of the Code of Virginia and the VASAP Case Management Operational Guidelines. The commission also considered all applicable public comments. The commission unanimously voted to deny, in its entirety, the petition (Petition 266). The reasons for denial are detailed below:

1. Request to amend § 18.2-270.1 of the Code of Virginia with regard to the "fail point" of an ignition interlock system: The commission does not have legal authority to amend the Code of Virginia.

2. Request to amend the Case Management Operational Guidelines with regard to the 15-minute time requirement to clear a violation: The current process provides ample time to provide a retest and safely remove the car from traffic to do so.

3. Request to amend the Case Management Operational Guidelines to change the process for reviewing interlock violations to require "dual approvals": The current procedure for reviewing and reporting violations is appropriate for the management and oversight of offenders and compliance with court and legal requirements.

4. Request to amend the Case Management Operational Guidelines to hold case managers to a 0.015% BAC elimination rate for all violations: The current process of reporting violations above 0.02% BAC is in compliance with requirements in the Code of Virginia.

5. Request to amend § 18.2-270.1 B of the Code of Virginia with regard to the six-consecutive-month interlock installation without alcohol-related violations requirement: The commission does not have the legal authority to amend the Code of Virginia.

6. Request to list all commission members and staff with contact information for each member, including an email address and phone number on the VASAP website: The website in its current form lists all commission members, the commission office mailing address, email address, phone number, and fax number; this information is sufficient to enable the general public to have several methods for contacting members and staff.

7. Request to amend the Case Management Operational Guidelines to require local ASAPs to provide each client a contact list of ASAP case managers and director: ASAP participants are currently provided with local contact information at the time of enrollment.

Agency Contact: Richard Foy, Field Service Specialist, Commission on the Virginia Alcohol Safety Action Program, 701 East Franklin Street, Suite 1110, Richmond, VA 23219, telephone (804) 786-5895, or email rfoy@vasap.virginia.gov.

VA.R. Doc. No. R18-21; Filed May 29, 2018, 12:36 p.m.

Agency Decision

Title of Regulation: 24VAC35-60. Ignition Regulations.

Statutory Authority: § 18.2-270.2 of the Code of Virginia.

Name of Petitioner: Cynthia Hites.

Nature of Petitioner's Request: On January 26, 2018, citing § 2.2-4007 of the Code of Virginia, Cynthia Hites requested changes to §§ 18.2-270.1 and 18.2-270.2 of the Code of Virginia and 24VAC35-60 with regard to the terms "alcohol" and "ethanol."

Agency Decision: Request denied.

Statement of Reason for Decision: At its meeting on March 29, 2018, the Commission on VASAP considered Ms. Hites' proposed changes to §§ 18.2-270.1 and 18.2-270.2 of the Code of Virginia as well as all relevant public comments. The commission voted unanimously to deny, in its entirety, the petition (Petition 267). The reasons for denial are detailed below:

1. Request to amend § 18.2-270.1 of the Code of Virginia regarding amending each reference of "alcohol" to "ethanol": The commission does not have legal authority to amend the Code of Virginia.

2. Request to amend § 18.2-270.2 of the Code of Virginia regarding amending each reference of "alcohol" to "ethanol": The commission does not have legal authority to amend the Code of Virginia.

3. Request to amend 24VAC35-60 regarding the terms of "alcohol" and "ethanol": The commission denied this request as the language in the Virginia Administrative Code is currently consistent with the law as identified in §§ 18.2-270.1 and 18.2-270.2 of the Code of Virginia. The Commission does not desire to change the language in the Virginia Administrative Code, thereby creating inconsistency.

Agency Contact: Richard Foy, Field Service Specialist, Commission on the Virginia Alcohol Safety Action Program, 701 East Franklin Street, Suite 1110, Richmond, VA 23219, telephone (804) 786-5895, or email rfoy@vasap.virginia.gov.

VA.R. Doc. No. R18-22; Filed May 29, 2018, 12:54 p.m.